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(영문) 서울서부지방법원 2019.10.24 2019고단2898
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a BM6 car;

On July 14, 2019, at around 05:51, the Defendant driven the said car while under the influence of alcohol of 0.181%, and led the two-lane road in front of Yongsan-gu Seoul Metropolitan Government to proceed along the three-lanes from the side of the Taewon Station.

그곳 전방에는 피해자 D(23세) 운전의 승용차가 비상등을 켠 채로 정차하고 있었으므로 이러한 경우 자동차의 운전업무에 종사하는 사람에게는 전방을 잘 살피고, 자동차의 조향 및 제동장치를 제대로 조작하여 사고를 미연에 방지하여야 할 업무상 주의의무가 있었다.

Nevertheless, the Defendant neglected to proceed as it is while under the influence of alcohol and moved back to the left-hand part of the victim D's D'nitro in the same direction prior to the same direction, which led to the front-hand part of the above SM6 car.

As a result, the Defendant suffered injury to the victim D and the victim F (the 23 years old) who is the same passenger due to the above occupational negligence in the situation where normal driving is difficult due to the influence of drinking, such as the trend of light and the tension for about two weeks in need of medical treatment.

2. Around 05:51 on July 14, 2019, the Defendant driven a BM6 vehicle under the influence of alcohol level 0.181% of alcohol level from the roads of the G hotel dyp of Yongsan-gu Seoul Metropolitan Government to the roads in front of the same road in the vicinity of the Green G hotel dypology of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the occurrence of each traffic accident by D or F;

1. Investigation report on the actual condition, report on the occurrence of a traffic accident, report on the violation of the Road Traffic Act, report on the actual state of a driver, report on the state of a driver, and inquiry into the results of the regulation of a drunk driving;

1. Each internal investigation report (the internal investigation of the damaged vehicle black images, and the internal investigation of the images of the Parties’ vehicles);

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